At the hearing before Common Pleas Judge Jeffrey A. Manning, Mr. Kavanaugh’s caseworker asked that he be permitted to put his client on a two-year waiting list to get into an unlocked intellectual disability facility where he would receive services for mild-to-moderate mental retardation.

Assistant district attorney Lisa Pellegrini had no objection but did ask that another hearing be held prior to any change in placement.

Judge Manning agreed.

“He’s been perfectly compliant with all the instructions,” the judge said.

Mr. Kavanaugh was originally charged with criminal homicide in the case, but the district attorney’s office withdrew the count in April 2004.